Terms of Service
This website
is operated by DIEMS DESIGN. Throughout the site, the terms “we”, “us” and
“our” refer to DIEMS. DIEMS offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here. By
visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service. Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes. Our store is hosted on Shopify Inc. They provide
us with the online e-commerce platform that allows us to sell our products and services
to you.
Section 1 - Online
Store Terms
By agreeing to
these Terms of Service, you represent that you are at least the age of majority
in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site. You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws). You must not transmit any worms or viruses or any code of a destructive
nature. A breach or violation of any of the Terms will result in an immediate
termination of your Services.
Section 2 -
General Conditions
We reserve the
right to refuse service to anyone for any reason at any time. You understand
that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
Section 3 -
Accurazy, Completeness and Timeliness of Information
We are not
responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
Section 4 -
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Service.
Section 5 -
Products or Services (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate. We reserve the right, but are
not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited. We do not warrant that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
Section 6 -
Accuracy of Billing and Account Information
We reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed. For more detail, please review our
Returns Policy.
Section 7 - Optional
Tools
We may provide
you with access to third-party tools over which we neither monitor nor have any
control nor input. You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of Service.
Section 8 -
Third-party Links
Certain
content, products and services available via our Service may include materials
from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
Section 9 - User
comments, feedback and other submissions
If, at our
request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments. We may, but
have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
Section 10 -
Personal information
Your
submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
Section 11 -
Errors, Inaccuracies and Omissions
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
Section 12 -
Prohibited Uses
In addition to
other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
Section 13 -
Disclaimer of Warranties; Limitation of Liability
We do not
guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement. In no case shall DIEMS, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
Section 14 -
Indemnification
You agree to
indemnify, defend and hold harmless DIEMS and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
Section 15 -
Severability
In the event
that any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining provisions.
Section 16 -
Termination
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes. These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site. If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
Section 17 -
Entire Agreement
The failure of
us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service). Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
Section 18 -
Governing Law
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of REBUPLIC OF TÜRKİYE
Section 19 -
Changes to Terms of Service
You can review
the most current version of the Terms of Service at any time at this page. We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Machine Readable Files
This link leads to the machine-readable files that are
made available in response to the federal Transparency in Coverage Rule and
includes negotiated service rates and out-of-network allowed amounts between
health plans and healthcare providers. The machine readable files are formatted
to allow researchers, regulators, and application developers to more easily
access and analyze data.
Section 21 -
Contact Information
Questions
about the Terms of Service should be sent to us at [email protected]